ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Gaming Control Act, 1992, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario Registrar
-and-
Emre Esin operating as Collinson Convenience Registrant
DECISION AND ORDER
Panel: Eleanor Meslin, Board Member Decision Date: February 3, 2011 Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Daniel Alakas, Representative Emre Esin o/a Collinson Convenience, Registrant ) Emre Esin, Owner and Director of ) the Registrant
Allegations
A teleconference hearing into a Notice of Proposed Order (“NOPO”) dated November 8, 2010 to revoke the registration of Emre Esin (the “Registrant”), operating as COLLINSON CONVENIENCE, 320 Wilson Avenue, Toronto, Ontario, M3H 1S8, as a gaming supplier, in the class of lottery retailer, registration number 148896, on the basis that under section 12 of the Gaming Control Act, 1992 (the “GCA”), there are reasonable grounds to believe that the Registrant will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to his past conduct, was held on January 28, 2011.
Mr. Esin, the director and sole proprietor of the Registrant waived his right to be represented by legal counsel or legal representative.
Mr Alakas, the Registrar’s Representative, and Mr. Esin, the Registrant, submitted an Agreement (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On July 29, 2010, the Toronto Police Service, acting on a Crime Stoppers Tip, attended Collinson Convenience and observed approximately 490 illegally copied and/or counterfeited DVD movies for sale. The counterfeited DVDs were seized and Mr. Esin was charged under the Criminal Code with Fraud Under $5000 and Possession of Property Obtained by Crime.
On October 14, 2010, Mr. Esin attended the Ontario Court of Justice, where both criminal charges were withdrawn by the Crown upon Mr. Esin pleading guilty to Distributing Infringing Copies of Work/Subject Matter for the Purpose of Trade, contrary to the Canadian Copyright Act. Mr. Esin received a $2000.00 fine and 12 months probation.
Based on the Agreed Statement of Facts, the Board FINDS that Mr. Esin did not act as a gaming supplier with honesty, integrity or in accordance with the law.
Order
Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of Emre Esin, operating as COLLINSON CONVENIENCE, 320 Wilson Avenue, Toronto, Ontario, M3H 1S8, registration number 148896, be suspended for FOURTEEN (14) days to commence at 12:01 a.m. on February 8, 2011 and to end at 11:59 p.m. on February 21, 2011, inclusive.
The Board also ORDERS that the registration as a lottery retailer be subject to the following Terms of Registration:
Emre Esin o/a Collinson Convenience shall ensure that all employees are aware of, understand and comply with their obligations and responsibilities and those of Emre Esin o/a Collinson Convenience under the Act and other relevant statutory or regulatory instruments.
Emre Esin shall advise the Deputy Registrar, in writing, within ten days of any and all charges (including the issuance of any appearance notice and/or summons), convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
Emre Esin o/a Collinson Convenience shall not sell, trade or deal in any audio or video media that the Registrant or employees know, or reasonably ought to know, to be unlawfully obtained, copied and / or distributed. The aforementioned media includes but is not limited to dvd’s, video cassette tapes, cd’s and/or any other electronic video or audio recordings or media.
DATED AT TORONTO THIS 3rd DAY OF FEBRUARY , 2011.
ELEANOR MESLIN, BOARD MEMBER
Attached
IN THE MATTER OF THE GAMING CONTROL ACT, 1992, S.O. 1992, CHAPTER 24 AND REGULATIONS, AS AMENDED
AND IN THE MATTER OF THE NOTICE OF PROPOSED ORDER TO REVOKE THE REGISTRATION AS A GAMING SUPPLIER OF EMRE ESIN O/A COLLINSON CONVENIENCE
AGREEMENT
The Registrant who is not represented by legal counsel but who has been advised of the Registrant’s right to legal counsel, has declined that right prior to entering into this Agreement and consents to make this Agreement without independent legal advice:
Agreed Statement of Facts
The Registrant and Registrar’s Counsel agree to the following facts:
Emre Esin o/a Collison Convenience has been registered as a gaming supplier in the class of Lottery Retailer under the Gaming Control Act, since December 6, 2007.
Mr. Emre Esin is the sole proprietor and owner of Collinson Convenience.
On July 29, 2010 the Toronto Police Service, acting on a Crime Stoppers Tip, attended Collinson Convenience and observed approximately 490 illegally copied / counterfeited DVD movies for sale. The counterfeited DVDs were seized and Mr. Esin was charged under the Criminal Code with Fraud Under $5000 and Possession of Property Obtained by Crime.
On October 14, 2010, Mr. Esin attended the Ontario Court of Justice, where both criminal charges were withdrawn by the Crown upon Mr. Esin pleading guilty to Distributing Infringing Copies of Work/Subject Matter for the Purpose of Trade, contrary to the Canadian Copyright Act. Mr. Esin received a $2000.00 fine and 12 months probation.
Based on the aforementioned facts Mr. Esin admits to not having acted as a gaming supplier with honesty, integrity or in accordance with the law.
Mr. Esin has accepted responsibility for his actions and has expressed both remorse and a commitment to exercise a greater level of due diligence when dealing with business suppliers in the future. He has been cooperative with the Police and the Commission.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Registrant Emre Esin o/a Collinson Convenience jointly submit that the following disposition is appropriate in the circumstances:
The Registrant hereby withdraws the request for a hearing into this matter.
The Registrant agrees that the registration as a lottery retailer of Emre Esin o/a Collinson Convenience shall be subject to the following Terms of Registration:
Emre Esin o/a Collinson Convenience shall ensure that all employees are aware of, understand and comply with their obligations and responsibilities and those of Emre Esin o/a Collinson Convenience under the Act and other relevant statutory or regulatory instruments.
Emre Esin shall advise the Deputy Registrar, in writing, within ten days of any and all charges (including the issuance of any appearance notice and/or summons), convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
Emre Esin o/a Collinson Convenience shall not sell, trade or deal in any audio or video media that the Registrant or employees know, or reasonably ought to know, to be unlawfully obtained, copied and / or distributed. The aforementioned media includes but is not limited to dvd’s, video cassette tapes, cd’s and/or any other electronic video or audio recordings or media.
The Registrant, Emre Esin o/a Collinson Convenience, shall serve a fourteen (14) day suspension of the registration as a lottery retailer.
The Registrar and the Registrant, Emre Esin o/a Collinson Convenience, agree that the Suspension shall take effect 12:01 a.m. on February 8, 2011 and continue consecutively and inclusively until 11:59 p.m. on February 21, 2011.
Dated this 21st day of January, 2011
_______________________________________ Jan. 21, 2011 Emre Esin o/a Collinson Convenience Date
_______________________________________ Jan. 21, 2011 Daniel Alakas Date Counsel to the Registrar, AGCO